Res 1907 - Probation Officer SupportCOUNCIL BILL NO. 2745
RESOLUTION NO. 1907
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION
COUNTY FOR JUVENILE PROBATION OFFICER SUPPORT AND AUTHORIZING THE INTERIM
CITY ADMINISTRATOR TO SIGN SAID AGREEMENT.
WHEREAS, the City has received a U.S. Department of Justice Weed & Seed
grant for the purpose of reducing gang and drug related crimes; and
WHEREAS, in conjunction with the City's program, Marion County is willing to
provide juvenile probation officer services to the City; and
WHEREAS, the City wishes to utilize Weed & Seed grant funds to reimburse
Marion County for the costs of providing juvenile probation officer services to the
City; and
WHEREAS, in order to memorialize the City's relationship with Marion County
for joint police officer and probation officer operations, it is necessary to enter into
an intergovernmental agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an intergovernmental
agreement, a copy of which is affixed hereto as Attachment "A" and by this
reference incorporated herein, with Marion County for juvenile probation officer
support.
Section 2. That the interim City Administrator is authorized to sign said
agreement on behalf of the City.
Approved as to form:
City Attorney,,,'
WE
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Te ant City Recorder
City of Woodburn, Oregon
Page 1 — COUNCIL BILL NO. 2745
RESOLUTION NO. 1907
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September 24, 2008
September 24, 2008
ATTACHMENT
Page / of
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARION COUNTY
AND
THE CITY OF WOODBURN
FOR
JUVENILE PROBATION OFFICER SUPPORT
This Agreement is made, pursuant to ORS 190.003 to 190.110, between Marion County
a political subdivision of the State of Oregon, hereinafter called "County", and the City of
Woodburn, a municipal corporation of the State of Oregon, hereinafter called "City".
1 CITY OBLIGATIONS
1.1 Provide police officers for participation in joint juvenile probation officer/ police
officer home visits. Visits will be to the homes of juveniles living in Woodburn
who are on probation for gang and/ or drug related offenses. These visits will
be conducted for the purpose of enforcing the terms of probation.
1.2 Provide police officers for participation in joint juvenile probation officer/ police
officer hot spot visits. Visits will be to locations in Woodburn where juvenile
gang and drug activity is prevalent. Visits will be conducted with the intent of
making contact with juveniles living in Woodburn who are on probation for
gang and/ or drug related offenses, and for the purpose of enforcing the terms
of probation.
1.3 Submit payment to the County within thirty (30) days after receiving monthly
invoices. Payments shall be submitted to:
Marion County Juvenile Department
3030 Center Street NE
Salem, OR 97301
Phone 503-588-5411
2 COUNTY OBLIGATIONS
2.1 Provide juvenile probation officers for participation in joint juvenile probation
officer/ police officer home visits. Visits will be to the homes of juveniles living
in Woodburn who are on probation for gang and/ or drug related offenses.
These visits will be conducted for the purpose of enforcing the terms of
probation.
2.2 Provide juvenile probation officers for participation in joint juvenile probation
officer/ police officer hot spot visits. Visits will be to locations in Woodburn
where juvenile gang and drug activity is prevalent. Visits will be conducted
with the intent of making contact with juveniles living in Woodburn who are on
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ATTACHMENT
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probation for gang and/ or drug related offenses, and for the purpose of
enforcing the terms of probation.
2.3 Provide semi-annual statistical reports to the City detailing the number of
home visits, visits to hot spots, numbers of youth contacted that are in
compliance with the terms of their probation, and the numbers of youth
encountered who are in violation of the terms of their probation. Semi-annual
statistical reports shall be submitted to the City by January 15, 2009 for the
reporting period of July 1, 2008 — December 30, 2008, and July 15, 2009 for
the reporting period of January 1, 2009 — June 30, 2009.
2.4 Submit billings and invoices to the City, on a monthly basis, for services
provided. Services shall be charged for each hour of time worked by
probation officers under the terms of this agreement. Services shall be
provided at a cost of $46.88 per hour for each hour of straight time worked,
and $70.32 for each hour of overtime worked. Total monthly costs shall not
exceed $4,000. The total amount to be billed throughout the entire term of
this agreement shall not exceed $18,000.
2.5 Submit all invoices, billings and reports to:
Weed & Seed Program
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Phone 503-982-5228
3 GENERAL OBLIGATIONS
3.1 Each party shall be solely liable for third party claims arising from the actions
of that party's officers, employees and agents.
3.2 The City shall agree to defend, indemnify, and hold harmless the County, its
officers, agents, and employees from damages arising out of the tortious acts
of the City, its officers, agents, and employees acting within the scope of their
employment and duties in performance of this agreement subject to the
limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through
30.300, and the Oregon Constitution, Article X1 Section 7.
Likewise, the County shall agree to defend, indemnify, and hold harmless the
City, its officers, agents, and employees from damages arising out of the
tortious acts of the County, its officers, agents, and employees acting within
the scope of their employment and duties in performance of this agreement
subject to the limitations and conditions of the Oregon Tort Claims Act, ORS
30.260 through 30.300, and the Oregon Constitution, Article X1 Section 7.
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3.3 When the parties share supervision and control over a project, each party
shall be liable for third party claims arising out of the actions of its officers,
employees and agents.
3.4 Each party shall be solely liable for its employees' workers' compensation
claims, regardless of which party is exercising supervision and control over
the project when the claim arises.
Nothing in this agreement shall be deemed to limit the right of either party to make a
claim against the other party for damages and injuries incurred by one party as a result
of the actions of the other party's officers, agents and employees.
This agreement represents the entire integrated understanding of the parties. This
agreement may be amended only in writing, executed with the same formalities as the
agreement itself.
This agreement may be terminated or renegotiated with thirty (30) days' written notice
by either party to:
For the City:
Scott Russell, Police Chief
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Phone 503-982-5228
For the County:
Faye Fagel, Director
Marion County Juvenile Department
3030 Center Street NE
Salem, OR 97301
Phone 503-588-5411
This Agreement shall become effective on the date upon which every party has signed
this Agreement. This Agreement shall expire on June 30, 2009 unless agreed to by
both parties to extend.
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ATTACHMENT
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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their
respective names by their duly authorized representatives as of the dates set forth
below.
MARION COUNTY
Recommended By:
CITY OF WOODBURN
Juvenile Department Director Date City Administrator Date
APPROVED AS TO FORM:
Contracts Compliance Analyst Date
APPROVED AS TO FORM:
Legal Counsel Date
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